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“NFAC”

Assessment ProceduresSection 144BSection 144B48,618 judgments

The decision most relied on for NFAC is Tecumseh Products India (P.) Ltd. v. DCIT (174 Taxmann.com 1203), cited in 43 judgments on BharatTax.

Leading authorities on NFAC

Tecumseh Products India (P.) Ltd. v. DCIT
174 Taxmann.com 1203 · 2025 · High Court
43
citing judgments

Where the National Faceless Assessment Centre (NFAC) and the Joint Assessing Officer (JAO) have concurrent jurisdiction, a notice issued by the JAO under Section 148 of the Income Tax Act is valid, provided no prejudice is caused to the assessee.

Aggarwal v. NFAC
127 Taxmann.com 637 · High Court
34
citing judgments

Denying a personal hearing when specifically requested, especially after a search and during a pandemic, violates the principles of natural justice. The assessment and appellate proceedings themselves were conducted during the COVID-19 pandemic.

Hire Purchase (P.) Ltd. v. NFAC
128 Taxmann.com 190 · High Court
34
citing judgments

Failure to grant a personal hearing to an assessee when income is likely to be varied based on submitted evidence violates the principles of natural justice and renders the assessment order invalid.

Prem Brothers Infrastructure LLP v. NFAC
142 Taxmann.com 38 · 2022 · High Court
32
citing judgments

When initiating penalty proceedings, the Assessing Officer (AO) must specify the limb of the charge, indicating whether the penalty is for concealment of income or furnishing inaccurate particulars. This requirement is essential for valid penalty proceedings.

Vinodkumar Lakshmipathi v. CIT (Appeals) NFAC
145 Taxmann.com 235 · 2022 · ITAT
21
citing judgments

The ITAT held that failure to file Form 67 by the due date for filing the return of income is not fatal to the claim for foreign tax credit. The appellate authority can condone the delay in filing Form 67.

Alrameez Construction (P.) Ltd. v. NFAC
152 Taxmann.com 382 · 2023 · ITAT
14
citing judgments

Penalty under Section 270A for under-reporting or mis-reporting of income cannot be sustained if additions are made under Section 56(2)(x) and the penalty notice fails to specify the limb under which proceedings are initiated.

Sanjay Gupta v. CIT
366 ITR 18 · 2014 · High Court
13
citing judgments

When the quantum of income is remanded to the Assessing Officer, the issue of penalty for undisclosed income should also be remanded to the Assessing Officer.

Saltwater Studio LLP v. NFAC
157 Taxmann.com 749 · 2023 · Reported
11
citing judgments

A penalty levied for misreporting under section 270A is unsustainable if the Assessing Officer fails to establish how the assessee's case falls within the specific instances of misreporting mentioned in section 270A(9). This requires an application of mind and adherence to the principles of natural justice.

Judgments citing NFAC

Mr. Palanisamy Senthilkumar, Chennai vs. ITO, Ward 2(1), Tirupur

In the result, the appeal filed by the assessee in ITA

ITA 1601/CHNY/2023[2018-19]Status: DisposedITAT Chennai06 Mar 2024AY 2018-19

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No. 1601/Chny/2023 िनधा"रण वष" /Assessment Year:2018-2019 Shri. Palanisamy Senthilkumar, The Income Tax Officer, 73/1, Selvakumar Rice Mill, Vs. Ward 2(1) Mangalam Road, Tirupur 641 601. Andipalayam, Tirupur 641 687. [Pan: Bwups 6975B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. J. Vamini, Advocate ""यथ" क" ओर से/Respondent By : Mr. D. Hema Bhupal, Irs, Jcit. सुनवाई क" तारीख/Date Of Hearing : 04.03.2024. घोषणा क" तारीख/Date Of Pronouncement : 06.03.2024 आदेश /O R D E R Per Mahavir Singh, Vp: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1054384098 (1) Dated 15.07.2023. The Assessment Was Framed By The Additional/Joint/Deputy/Assistant Commissioner Of Income 2 Tax/ Income-Tax Officer, National E-Assessment Centre, Delhi U/S.143(3) R.W.S. 143(3A) & 143(3B) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) For The Assessment Year 2018-19 Vide Order Dated 03.04.2021. 2. The Only Issue In This Appeal Of Assessee Is As Regard To Order Of Ld. Commissioner Of Income (Appeals) (In Short ‘’Ld. Cit(A)’’) Sustaining/ Restricting The Addition At Rs.73,99,559/- As Against Addition Made By The Ld. Assessing Officer At Rs.2,42,58,153/- In Regard To Disallowance Of Expenditure Being Payment Of Commission & Brokerage Made To Contractors U/S.69C Of The Act Being Unexplained Expenditure.

For Appellant: Ms. J. Vamini, AdvocateFor Respondent: Mr. D. Hema Bhupal, IRS, JCIT
Section 143(3)Section 194HSection 44BSection 68Section 69C

SINGH, VP: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023- 24/1054384098 (1) dated 15.07.2023. The assessment was framed by the Additional/Joint/Deputy/Assistant Commissioner of Income 2 Tax/ Income-tax Officer, National

Mahapalika Kshetra Madhyamik Shikshak Sahakari Pat Sanstha Maryadit (Co-Operative Credit Society), Mumbai vs. ITO Ward 22 (2) (1), Mumbai

In the result the appeal of the assesse is allowed

ITA 3810/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhmahapalika Kshetra Vs. Ito Ward 22(2)(1) Madhyamik Shikshak Piramal Chambers, Sahakari Pat Sanstha Mumbai - 400012 Maryadit (Co-Operative Credit Society) 201/202 Anish Tower, Senapati Bapat Marg Matunga (West)- 400016 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaaam1865G Appellant .. Respondent Appellant By : Amit Bharadiya Respondent By : S. Arunkumar Date Of Hearing 29.02.2024 Date Of Pronouncement 06.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 25.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. The Action Of The Learned Cit (A) In Disallowing The Deduction U/S 80P(2) (A) (I) Of Rs. 41,55,200 As Claimed By The Appellant Is Erroneous & Bad In Law. 2. The Action Of The Learned Cit (A) Of Assessing The Income From Interest On Fixed Deposit & Dividend Income Of Rs. 41,55,200 U/S 80 P (2) (D) Instead Of Section 80 P (2) (A) (I) Is Erroneous & Bad In Law. 3. The Action Of The Learned Cit (A) By Not Considering The Itat, Mumbai Order Already Decided In Favour Of The Appellant In A.Y.2014-15 On The Same Matter Is Erroneous & Bad In Law.

For Appellant: Amit BharadiyaFor Respondent: S. Arunkumar
Section 143(2)Section 80Section 80PSection 80P(2)Section 80P(2)(d)Section 80P(4)

Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC, dated 25.08.2023 for A.Y. 2018-19. The assessee has raised the following grounds before us: “1. The action of the learned CIT (A) in disallowing the deduction

Chhotelal Gangaprasad Dubey, Mumbai vs. ACIT-24(1), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 3728/MUM/2023[2018-19]Status: DisposedITAT Mumbai06 Mar 2024AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singhchhotelal Gangaprasad Vs. Acit 24(1) Dubey, 1005, Blue 6Th Floor, Piramal Mountain, Shastri Nagar, Chambers, Lalgaug, Andheri West, Mumbai – 400013 Mumbai – 400 058 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaepd9496P Appellant .. Respondent Appellant By : Aditya Maheshwari Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 06.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 30.08.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Action Of Income Tax Officer Of Adopting Deemed Rent Of Let Out Property At Rs.10,23,000 Without Considering The Facts That Property Was Not Lying Vacant. Due To Acute Financial Problem At The End Of Tenant, Rent Could Not Be Recovered. More Over The Tenant Has Also Not Claimed Any Expenses On Account Of Rent For The Same. That On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Actions Of Income Tax Officer Without Considering Written Submissions & Details Filed By The Ar Of Assessee On 24Th November 2022.” 2. Fact In Brief Is That Return Of Income Declaring Total Income Of Rs.10,50,770/- Was Filed On 27.10.2018. The Revised Return Of Income

For Appellant: Aditya MaheshwariFor Respondent: S. Arunkumar
Section 143(2)Section 23Section 23(1)Section 23(4)Section 23(4)(C)

Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC, dated 30.08.2023 for A.Y. 2018-19. The assessee has raised the following grounds before us: “That on the facts and circumstances of the case, the learned Commissioner of Income